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Local court accused of counterfeiting withdrawal notice in Dalian Wal-Mart case (3)

(People's Daily Online)

08:16, August 29, 2012

Four months later, the Dalian Wanguo applied a compulsive execution to the Dalian Municipal Intermediate People's Court and the application was accepted. On Sep. 25 of 2006, the court initiated the compulsive execution.

Lin told the reporter that after the compulsory execution, they have not been paid any rent by the Dalian Wal-Mart within the prescribed period. Although the CIETAC had made an arbitration to maintain the first instance judgment, the Dalian Wal-Mart restarted a procedure and proposed the request of a second arbitration.

The second arbitration still maintained the previous verdict, but Dalian Wanguo did not get more support from it. The court had enforced the case for six years but Dalian Wal-Mart had not repaid rent to Dalian Wanguo.

Misgivings about withdrawing a lawsuit

The legal experts who have long been concerned about the case thought that it was not a simple case to execute.

"On Sept. 25, 2006, the Intermediate People's Court in Dalian issued an enforcement notice, ordering Dalian Wal-Mart to fulfill it before Oct. 10, 2006. Next day, Dalian Wal-Mart signed for it, which showed that Dalian Wal-Mart was fully aware of its legal responsibilities," the professor of the Law School of Fudan University Duan Houxing, who had long been concerning the case, said in an interview on Aug. 26, 2012.

Duan said that it was not difficult to execute the judgment to such companies as Wal-Mart. "The essence of the case is the rental contract dispute and the content of execution is compensation. If failing in repeated persuasion, the court can close the case by freezing the bank account of Wal-Mart or detaining the person in charge on the ground of refusing to fulfill the judgment, maliciously fighting against Chinese law or other reasons. I'm afraid that some human factors delayed the execution," said Duan.
It was also what Dalian Wanguo most worried.

【1】 【2】 【3】 【4】

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